The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-07-24
INTERSTATE BUSINESS.
THE COMMISSION KEPT BUSY
EVERY DAY.
A Number Of Complaints Heard and
Decisions Rendered. FAIRS
at the Capital.

merce Commission, has announced
the de cision OF the Commission In the
case Of the Providence Coal Company
against the Providence and Worcester
railroad.
The complaint covers three main
points. The Commission decides that
the allowance Of q rebate to parties
who ship mere than 10000 tons q year
Is unwarranied and invalid. The Com
mission also decides that the charge
of higher rate upon shipments from
Providence than upon those from East
Providence is also unwarranted and
invalid.
The third point relating to q charge
Of eight GEMS for street hauling Ia de-
cided 10 be matter with which the
Commission can not deal.
The Interstate Commerce Commits.
sion today gave hearing In the case
Of William Ii, Councill against the
Western and Atlantic railroad. Coun-
Gill is the colored man who, having
purchased fret class ticket, charges
that he was refused permiesion to
ride la a first class Car and was forced
to 20 into the smoking" car. The
railroad company was repl eJentt d by
julius l.. Brown, Of Atlantis, and the
complainant By John ID. BIaDdon and
Oscar X Hundley, OF Huntsville. Mr..
Brown interposed some objections and
during a brief discussion which en-
sued, Mr.. Brown stated his purpose to
enter g motion to throw out the com.
plant upon the ground OF lack oil
Jurisdiction, this being, he asserted,
merely claim for damages.
The chairman, In reply, said the
commission would not cit here to try
any mere questions Of dsmaaes, but
that this was much more. Here are
charges Of unjust Discrimination
against class OF citizens. Ifthsre
were such caee II ought 70 arise upon
fsc,s which are open, public and motto.
rious, and there ought TO be no diff.
Guilty In regard to tnem. The hjec-
ton being overruled, the charges and
responses were read. The aist OF the
railroads reply Is that the complainant
went into the ladies' Car, in defiance oil
the rules OF the company, and refused
to 20 into the other Car, and that II
was the passengers, and not the train
men, who assaulted him. The answeI
admits the duty u the company tc
furnish equal accommodations FIR oil
fret class pass sngens, but IL claims the
right TO classify passengers, either by
the color line or otherwise. Alter tbs
reading OF q number OF dispositions
Mr.. Councill was sworn. He Ia an in
telligent looking colored man, vel
dressed, self possessed and Of good I'D
dress. He 10 minister OF the gospel anc
principal OF the StaIo Normal Schoo
at Huntsville. In reply to inquiries
by counsel he told the story OF hi
election from the car in which he ha6
taken his seat. He entered the Cal
without objection on the part Il any
one. He Was told by some one whom
he did not recognizs as trainman tina
he mutt 20 onward, 10 which he IaiS
no attention. He was fcally ap
preached by two mon, one OF WHOM
carried lantern and tho other had hi
hand upon his hip pocket. The maj
With the lantern seized witness, bi
him on the head several times will
the lantern, cutting his head badly an,
bIesking the glass. Witness sppeale,
n tho pa'tengers, but without avail
His RssailantI then seizld and carried
him into tbs forward car. This ca
was filthy and was full Of smoke. A
he was bSiue pughed from one car 4
the other the brakeman told him thi
was wat he got Tor not moving whel
IequGsted..
Counsel for tho respondent opele,
his side Of the ca by reading a seri,
OF depositionp. From ons by pasS
enger named WhitSett, the following
appears 10 have been tho style oil MI
Councill's Invitation 10 change cars
IL walked forward TO the front end o
the car and told Mr.. BlyiLs, the Gag
} mao, that wanted bis lantern a mia
ute. Itook II out OF bis hand, the
turned and walked back 10 wher
Couscill was sitting, and told bin
there was 10 bS no more foolishness
that did not want 10 hurt him, bu
he had 10 20. lie replied very ins1
lently that be would not 20, aud the
/ grabbed him by the col Ar and struc
him over the lead with the lantern
knocked him out OF bic sea. an
pulled him out He fell 10 the foo
aud a. be raised up he came towarl
. me. and let him nave IL again wit
the lantern. / hit him Geyeral time
before / conquered hIm, ard ths
rushed him right out OF The car int
the dsrkies' car. He was willing I
90 by the tins l got through wit
him.
The conductor OF the train wa
sworn, and teitlhed Ia Substance tha
the coored car 90 thal trip was sim
lar in construction aod appointment
10 the ladies' car, except that one en-
was partitioned oH for q .tmoker an
: was In q little better condition. II
white man sLould enter the colore
car witness Won d request him 10 2
out, and II DO refused witness woul
make him 20. A white man unss
companied by ladits would be CON
PEELED to enter the smoker; but ate
thu train started he might 20 into IN
ladies' car n there we're vacant sea's
This practice was In compliance viii
bulletin orders OF the road, but tn
orders were not printed. Witnes
never di' put white man out u tn
ladies' car II he behaved himself, an
never heard Of lie being done. N,
lady on the train had requested II.
Oouuclll did not queIion the wit
ness regarding the MDult, rs the
understood from the Commission tha
that Was not essential 10 the matter @
difcrimioa,ion.
The aagman Of he train was sworn
and toroborated the conductors lei
timony.
Mr.. Brown submitted a motion (
dismiss the case. Both aides submit
; ted printed briefs and the hearin
ended. Defendants briefs are two 4
number; the first maintaining III
right OF q railroad 10 classify the pa
eengera on the color line; the secon
discussing the question Of Jurisdiction
The oomplainnnts brief admitted tn
, right Of classification, maintains tbs
II 10 the duty Of TIE rairca 10 iurnis
equal facilities aud coRyenlenees Il
the two races.